Benefits of the Hadith: (The most deserving of conditions to be fulfilled is that by which you have made private parts lawful)
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The Shaykh : Among the benefits of this hadith is his saying (peace and blessings be upon him): Bulugh al-Maram 8:32
The permissibility of conditions in contracts, because the Prophet (peace and blessings be upon him) mentioned conditions in a general sense, but this is restricted by what is established in the two Sahihs from the hadith of Aisha (may Allah be pleased with her), in which the Messenger (peace and blessings be upon him) said:Sunan Ibn Majah 2521Sahih (Darussalam) And by his saying (peace and blessings be upon him): .
And among the benefits of the hadith is the breadth of the Islamic Shari'ah, in that it did not restrict the obligated ones regarding conditions,
and it kept the door open, because a person may have purposes in a contract that he needs to condition and commit to.
And among the benefits of the hadith is the establishment of conditions in marriage and that they are more deserving of fulfillment than others.
And among the benefits of the hadith is the refutation of those who restricted conditions in marriage to the point that they almost did not validate except what was established by the requirement of the contract, for if we did not validate except what was established by the requirement of the contract, then what is the status of this hadith? It would have no benefit at all, because what is established by the requirement of the contract is established whether it is conditioned or not.
And among the benefits of the hadith is that what is suspended by a condition is not established except by the realization of this condition, due to his saying:Sunan an-Nasa'i 3281Sahih (Darussalam) So if the marriage contract contains a condition, then this contract is considered a barrier to making the private part lawful except by what? Except by fulfilling it and committing to it.
And among its benefits, meaning among the benefits of the hadith, is the indication that His saying (Glorified and Exalted is He):[Al-Ma'idah 5:1] includes the fulfillment of the original contract and the condition in the contract and the condition in the contract, and that is because the condition in the contract is among the attributes of the contract, among the attributes of the contract, since the condition in the contract makes the contract restricted by this attribute or this condition, and restriction is an attribute, so His saying (Glorified and Exalted is He): includes the fulfillment of the original contracts and the conditions in them which are their attributes, is that clear, everyone? And this benefits you in many things from the deception that people deal with today in the contracts that are between them and their government and those that are between them and people, and they think that the condition in the contract does not enter into His saying (Glorified and Exalted is He): [Al-Ma'idah 5:1] and this is a wrong assumption, because the contract includes what? The contract itself and the attributes of the contract which are the conditions in it.
And among the benefits of this hadith is that the original ruling regarding private parts is prohibition, due to his saying:Sunan an-Nasa'i 3281Sahih (Darussalam).
And therefore, if his sister was confused with a non-mahram woman, it is forbidden for him to marry both women, his sister was confused and this is far-fetched, but it happens in breastfeeding, for example, sometimes it happens in breastfeeding that it is confused whether the older one was breastfed by her mother or the younger one, and at that time he must avoid both women until he is certain of the permissibility, because the original ruling regarding private parts is prohibition due to his saying:.
The most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروجThe permissibility of conditions in contracts, because the Prophet (peace and blessings be upon him) mentioned conditions in a general sense, but this is restricted by what is established in the two Sahihs from the hadith of Aisha (may Allah be pleased with her), in which the Messenger (peace and blessings be upon him) said:
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions
كل شرط ليس في كتاب فهو باطل وإن كان مائة شرطThe Muslims are bound by their conditions, except a condition that makes a haram thing halal or a halal thing haram
المسلمون على شروطهم إلا شرطًا أحل حرامًا أو حرم حلالًاAnd among the benefits of the hadith is the breadth of the Islamic Shari'ah, in that it did not restrict the obligated ones regarding conditions,
and it kept the door open, because a person may have purposes in a contract that he needs to condition and commit to.
And among the benefits of the hadith is the establishment of conditions in marriage and that they are more deserving of fulfillment than others.
And among the benefits of the hadith is the refutation of those who restricted conditions in marriage to the point that they almost did not validate except what was established by the requirement of the contract, for if we did not validate except what was established by the requirement of the contract, then what is the status of this hadith? It would have no benefit at all, because what is established by the requirement of the contract is established whether it is conditioned or not.
And among the benefits of the hadith is that what is suspended by a condition is not established except by the realization of this condition, due to his saying:
those by means of which the private parts become allowed to you
ما استحللتم به الفروجAnd among its benefits, meaning among the benefits of the hadith, is the indication that His saying (Glorified and Exalted is He):
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودFulfill the contracts
أوفوا بالعقودO you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودAnd among the benefits of this hadith is that the original ruling regarding private parts is prohibition, due to his saying:
those by means of which the private parts become allowed to you
ما استحللتم به الفروجAnd therefore, if his sister was confused with a non-mahram woman, it is forbidden for him to marry both women, his sister was confused and this is far-fetched, but it happens in breastfeeding, for example, sometimes it happens in breastfeeding that it is confused whether the older one was breastfed by her mother or the younger one, and at that time he must avoid both women until he is certain of the permissibility, because the original ruling regarding private parts is prohibition due to his saying: